Terms Used In Utah Code > Title 26B > Chapter 6 > Part 1 - Aging and Adult Services

• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
            (1)(a)(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
            (1)(a)(ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2
• aged: means a person 60 years old or older. See Utah Code 26B-6-101
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
• Allegation: something that someone says happened.
• Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
• Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
       (4)(a) operate within a planning and service area of the state; and
       (4)(b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101
• Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
       (5)(a) operate within a planning and service area of the state; and
       (5)(b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
• Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2
• Contract: A legal written agreement that becomes binding when signed.
• Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
• Controlled substance: means a drug or substance:
                 (1)(f)(i)(A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
                 (1)(f)(i)(B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2
• Controlled substance analog: means :
                 (1)(g)(i)(A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section Utah Code 58-37-2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2
• Department: means the Department of Commerce. See Utah Code 58-37-2
• Dependent: A person dependent for support upon another.
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Director: means the director of the division. See Utah Code 26B-6-101
• Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
• Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2
• Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2
• Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2
• Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2
• Drug: means :
                 (1)(r)(i)(A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
                 (1)(r)(i)(B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
                 (1)(r)(i)(C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
                 (1)(r)(i)(D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Food: means :
            (1)(t)(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and
            (1)(t)(ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• high risk adult: means a person 18 years old or older who experiences a condition:
       (1)(a) that places the person at a high risk of being unable to care for themselves:

            (1)(a)(i) as determined by assessment; and

            (1)(a)(ii) due to the onset of a physical or cognitive impairment or frailty; and
       (1)(b) for which the person is not eligible to receive services under:

            (1)(b)(i) Part 4, Division of Services for People with Disabilities; or

            (1)(b)(ii) Chapter 5, Health Care - Substance Use and Mental Health. See Utah Code 26B-6-101
• Immediate precursor: means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. See Utah Code 58-37-2
• Indian: means a member of an Indian tribe. See Utah Code 58-37-2
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Man: means an adult human male. See Utah Code 68-3-12.5
• Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2
• Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2
• Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:
                 (1)(aa)(i)(A) seeds;
                 (1)(aa)(i)(B) resin extracted from any part of the plant, including the resin extracted from the mature stalks;
                 (1)(aa)(i)(C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin;
                 (1)(aa)(i)(D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and
                 (1)(aa)(i)(E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2
• Money: means officially issued coin and currency of the United States or any foreign country. See Utah Code 58-37-2
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
            (1)(cc)(i) opium, coca leaves, and opiates;
            (1)(cc)(ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;
            (1)(cc)(iii) opium poppy and poppy straw; or
            (1)(cc)(iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 58-37-2
• Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2
• Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 58-37-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal care attendant: means a person who:
       (9)(a) is selected by:

            (9)(a)(i) an aged person;

            (9)(a)(ii) an agent of an aged person;

            (9)(a)(iii) a high risk adult; or

            (9)(a)(iv) an agent of a high risk adult; and
       (9)(b) provides personal services to the:

            (9)(b)(i) aged person described in Subsection (9)(a)(i); or

            (9)(b)(ii) high risk adult described in Subsection (9)(a)(iii). See Utah Code 26B-6-101
• Personal services: means nonmedical care and support, including assisting a person with:
       (10)(a) meal preparation;
       (10)(b) eating;
       (10)(c) bathing;
       (10)(d) dressing;
       (10)(e) personal hygiene; or
       (10)(f) daily living activities. See Utah Code 26B-6-101
• Planning and service area: means a geographical area of the state designated by the division for purposes of planning, development, delivery, and overall administration of services for the aged or high risk adults. See Utah Code 26B-6-101
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 58-37-2
• Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2
• Prescription: means an order issued:
            (1)(ll)(i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
            (1)(ll)(ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public funds: includes :
            (12)(b)(i) Medicaid funds; and
            (12)(b)(ii) Medicaid waiver funds. See Utah Code 26B-6-101
• State: means the state of Utah. See Utah Code 58-37-2
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful conduct: means the same as that term is defined in Subsection 58-1-501(1). See Utah Code 58-1-102
• use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
• Verdict: The decision of a petit jury or a judge.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5